Trial. In family court, it may be the most difficult thing a litigant can experience. The time, cost and emotion involved in litigating a case can be significant – not to mention the unpredictability of leaving your future in the hands…

Jurisdiction and venue are two issues that serve as an undercurrent to Minnesota divorce and family law cases. While not typically a “front and center” problem, it is important to recognize that the outcome of your case can…

Parenting Time in Minnesota: Legislative Changes Make Equal Time Easier

Equal access schedules with children have become easier to achieve, following amendments to Minnesota’s parenting time modification statute. Pursuant to caselaw, a parent who sought to achieve a 50/50 parenting time schedule, following…

Many fast food restaurants require their employees to purchase uniforms and/or clean their uniforms at their own costs. However, employees should be reimbursed for the cost of purchasing and cleaning their uniforms. In a recent…

Consumers in the U.S. rely on labels that say “natural” when purchasing products such as toothpastes. Consumers are even willing to pay extra money to buy products that are labeled “natural”. Unfortunately,…

A Guest Post by Yitzhak Greenberg: "Deeper into the Darkling Abyss: The 5th Circuit joins the 6th and 7th Circuits in Finding that Consent Cannot Cure A Bankruptcy Court's Stern Infirmity"

Blogging has enabled me to meet many people I otherwise likely would never have met. Yitzhak Greenberg, a bankruptcy attorney with the NYC Law Office of Gabriel Del Virginia who clerked for Judge Arthur Gonzalez, is one such…

US Supreme Court's Decision in Bullock: A Significant Development in Determining "Recklessness" Under Federal Law?

Last week I published a blog post on the US Supreme Court's unanimous decision in The Supreme Court's recent decision in Bullock v. BankChampaign, N.A., No. 11-1518 (May 13, 2013) (pdf), that focused on the Court's application of…

The US Supreme Court has long taught the importance of certain canons of interpretation unique to bankruptcy law, the more significant ones being:
The Fresh-Start Policy: A primary purpose of bankruptcy is to relieve the debtor…

By Dean Scott
WASHINGTON, D.C.—President Obama’s re-election and unexpected gains by Democrats in the Senate have environmental groups gearing up on several fronts to push for more U.S. action on climate change, including a possible…

By Diane Freda
The Internal Revenue Service announced Oct. 24 it would significantly reduce the administrative burden of completing due diligence requirements for U.S. withholding agents and foreign financial institutions under the Foreign…

DMCA, Ashley Madison hacked and user data leaked, delivery drones take off, Apple Music and iCloud DRM.
Download or subscribe to this show at twit.tv/twil.
Public list of discussion points, TWiL on Friendfeed, TWiL on…

Neil Young gave up on streaming music, more blurred lines for Pharrell and Robin Thicke, 3D printed guns, and marijuana use in Washington and Colorado.
Download or subscribe to this show at twit.tv/twil.
Public list of discussion points,…

The Securities and Exchange Commission (SEC) recently announced they recently awarded a multi-million dollar payout to a whistleblower. The $3 million payout was the program’s third largest award. The whistleblower provided the SEC with…

Cetera Financial Group, which owns the independent broker-dealer industry’s largest network group, is closing down one of its broker-dealers, J.P. Turner & Co., a firm that has recently become known as a large seller of…

Morgan Stanley has been ordered to pay $2.4 million to investors due allegations of unauthorized and excessive trading on client accounts. The investors included a group of physicians and their family members. All were clients of former…

By Donald Zuhn -- The U.S. Patent and Trademark Office announced earlier today that U.S. Secretary of Commerce Penny Pritzker has appointed Deputy Commissioner for Patent Examination Policy Drew Hirshfeld to be the new Commissioner for…

By Kevin E. Noonan -- Pursuant to the Notice published in the Federal Register today, the U.S. Patent and Trademark Office provided additional materials related to the Office's interpretation of what does (and what does not) satisfy the…

By Kevin E. Noonan -- The U.S. Patent and Trademark Office will publish a Notice on July 30th that the Office is updating their procedures for determining subject matter eligibility. A copy of this Notice can be found here. The update will…

New York City Debt Defense Blog

Facing a $38,458 garnishment by Marshal Gregg E. Bienstock, our client felt as if he ran out of options. He even paid a couple thousand dollars toward the garnishment. But after exploring his rights (outside of bankruptcy, which we fight to…

Facing a $30,433 Garnishment Notice by
Great Seneca Financial Corporation, we quickly filed court papers to attack the validity of the
judgment and the validity of the plaintiff.
In the action, Great Seneca was named as "Great Seneca…

Chase to Pay $166 Million to Settle Claims of Illegal Collection Practice

We defend collection lawsuits daily. We sue collectors and lawyers for violations of the Fair Debt Collection Practices Act.
But even I'm surprised that JP Morgan Chase is ensnared in this case that includes 47 Attorney Generals accusing…

It is very common in first-party litigation for the policyholder to sue the in-state adjuster in addition to the out-of-state insurance company and thereby destroy diversity so the case remains in state court. The carrier will generally…

I was discussing a property insurance claim with a colleague a few weeks ago when he mentioned a letter that was sent to an insured from the insurance carrier shortly after their public adjuster submitted his letter of representation. The…

Farmers Sells a Policy that Is Far Worse then Its Competitors - Review of the Farmers "Next Generation" Homeowner's Policy, Part 3: Overhead and Profit

The title of this blog is a quote by Chip Merlin after we discussed some of the issues that have been popping up in my continued review of the Farmers “Next Gen” policy. During this review, I realized this policy is really the…

Jenkins Law Library Blog

Jenkins members have access to a variety of treatises on their desktop, including Epstein on Intellectual Property. This title includes chapters on a variety of intellectual property topics, including copyright, false advertising,…

Congratulations to the American Bar Association’s Commission on Domestic & Sexual Violence award recipients! This year marks the 20th anniversary of the Commission and the passage of the Violence Against Women Act.
Terry L.…

F. Carroll BrewsterFrederick Carroll Brewster (1825-1898) was a Philadelphia lawyer, City Solicitor, Court of Common Pleas judge, and Pennsylvania Attorney General. He authored a number of books, many of which are in the Jenkins Law Library…

By Fairfax/Northern Virginia Criminal Defense/DWI lawyer Jon Katz. Pursuing the best outcome for felonies, misdemeanors, drugs, marijuana, sex crimes, prostitution, weapons, assault, and all other alleged crimes.
One day in summer…

By Fairfax/Northern Virginia Criminal Defense/DWI lawyer Jon Katz. Pursuing the best outcome for felonies, misdemeanors, drugs, marijuana, sex crimes, prostitution, weapons, assault, and all other alleged crimes.
On the way to last…

Oregon Legal Research

Features information about and links to Oregon Legal Research resources, in addition to comments about cases, statutes, and interesting events in the world of legal research and law libraries. By Laura Orr.

“Ethics and the Law in Oregon, spotlighted by a local lawyer,” editorial, The Bee, July 2015 (Vol. 109, No. 11) Excerpt: “We have heard comments for quite some time, from folks in the legal profession, suggesting that large…

The legal profession has given themselves to the tech vendors. Their influx to everything lawyer has been successful, causing anyone in state Bar and Bar association leadership to advocate that we all must "embrace technology or die." It's…

Lawyer Jeena Cho (Asian woman pictured) is a San Francisco Bankruptcy Lawyer involved in the "Mindfulness" movement for lawyers. I have no interest in the "Mindfulness" movement and have no problem making fun of whatever it is. I…

I was surprised that an article about why so many lawyers are killing themselves generated an actual real-live thoughtful discussion. While I'm sure in the annals of the internet there are a fair share of comments of "who cares,"…

Best Australian law schools according to the QS World University Ranking

The QS World University Rankings 2015 for Law have been released. The QS World University Rankings is one of the few international rankings that also provide subject rankings, including for law. While these rankings are always somewhat…

Best Australian law schools according to the QS World University Ranking

The QS World University Rankings 2014 for Law have been released. The QS World University Rankings is one of the few international rankings that also provide subject rankings, including for law. While these rankings are always somewhat…

Department of Labor Proposes New Fiduciary Rules: Expanding the Definition of Fiduciary

Yesterday the Department of Labor issued a number of proposed rules related to retirement plans, conflict of interest, providing investment advice and the definition of “fiduciary.” Since the original proposed rule was…

Earlier this week, Starbucks announced that it is expanding its tuition reimbursement program to include more employees. One article I read actually referred to as it as a “tuition plan.” I don’t pretend to…

When the Intranet is Not Enough: Rules for Electronic Disclosure of Plan Document

It seems that everyone has a smart phone or a tablet and I can’t think of anyone I know who does not have internet access at home. Consequently, plan sponsors ask all the time if they can just e-mail plan documents to employees to…

Article 3

It’s Election Day!!! For those of you who spent the last few months on another planet or in a coma or merely, like 60% of eligible voters, just willfully oblivious – Congratulations! You managed to spare yourself from one hell of…

Growing up in the United States, there’s no question where our country stands in the world. We are the beacon of freedom shining across all free peoples of the world. Anywhere our light fails to glow is an irreparable damnation…

If you asked the average American what makes the USA the greatest country in the world (it just is, OK? Don’t start!) I venture that high on most folks’ list would be that we’re a democracy, as in we have free and fair…

Related proposals pertaining to qualified plans and individual retirement accounts. In addition, the Green Book includes the following proposals that pertain to qualified plans and IRAs: A limit on the total accrual of retirement benefits by…

Sales, exchanges and “comparable transactions” with grantor trusts. The Obama Administration would attempt to address the disconnect between the income tax rules and the estate tax rules that apply to intentionally defective grantor…

The Social Security Administration is expanding a program nationally to help bar criminals from controlling benefits on behalf of individuals with disabilities and the elderly. The program originally launched as a pilot in the…

Use Hyperlinks, Don't 'Bitch-Slap' -- and Other Tips from a 'Cranky' Federal Judge

The legal blogosphere is taking note of an amusing new guide to legal writing, courtesy of Senior U.S. District Court Judge Richard G. Kopf and his entertaining blog, Hercules and the Umpire. (Hat tip: Lawyerist) Kopf, who joined the short…

The Pioneer Press (via ABA Journal) has the story of a Minnesota man who was sentenced to probation this week after pleading guilty to making a terroristic threat against a police officer -- a threat that took the unusual form of a tattoo of…

The U.S. Court of Appeals for the Tenth Circuit has revived a lawsuit by an Oklahoma man who objects to the image of a Native American sculpture on the state's license plates because its message conflicts with his Christian beliefs. The…

Super Lawyers Releases 2012 Top Lists
To celebrate the close of an exceptional year, Super Lawyers has made its selective 2012 Top Lists of attorneys available online. The attorneys named to these Top Lists have risen to the peak of an…

"You've got miles of healthy river, you've got the discharge pipe and then literally 50 yards downstream of the discharge pipe, you start seeing dead fish. You don't need to have a bachelor's degree in biology or a law degree to connect those…

From Jeffrey Hirt of Houston, this excerpt from his examination of the present wife of his client:Q. Gina, how long have you known your stepdaughters?A. Actually, since before they were born. When Joan was still pregnant.Mr. Hirt: I'll send…

Ryan Morris, who is a second-year law student at the University of Texas, was working for a small firm in Austin when he came across this excerpt in a deposition from a probate case where a party was testifying about his bank account:A. I…

Different forest and mining laws and policies have been implemented in different countries over the past decades, largely due to large diamond mining practices. Because of the over dependence of some economic businesses over forests and…

Though as a challenge for individuals looking to make money from a forest, there are of course laws that limit the prospect itself. These laws would come in different forms. One would be a law that protects endangered species in the area.…

A Forest provides a lot of different business ventures. The trees alone can be used for lumber while there is also the possibility of selling wild fruit as a delicacy. Wildlife that is present in a forest can also provide a very interesting…

Dreadnaught

The Spyderco Para-Military 2 has four positions for the mounting of the clip. To change the clip to another position you will need a T7 Torx screwdriver. I ordered mine from Amazon.com. The total price for a 6-piece set was $5.31 plus…

The Spyderco Para-Military 2 has four positions for the mounting of the clip. To change the clip to another position you will need a T7 Torx screwdriver. I ordered mine from Amazon.com. The total price for a 6-piece set was…

As regular readers of Dreadnaught will recall, President Obama promised to close Guantanamo Bay within one year. Then the president learned that it may not be so easy to close. Congress then opposed the closing and withheld the necessary…

Lowering the Bar

Well, this seems to have happened in January but didn't receive the publicity it deserves until the WSJ's Law Blog covered it recently. Obviously I need better sources in Prairieville, Louisiana. That's the home of the Dobra family, whose…

Seriously, I'm already way behind on other stuff—could the TSA stop doing stupid $&*# for maybe 48 hours? Is that possible? Today's report (thanks, Erika) is that thousands of passengers were delayed for hours at Hobby Airport in…

It is every parent’s worst nightmare: getting the call that your child was injured while under the watch of caregiver. For Shaunna Broadway of Oklahoma, she was stunned to learn that the daycare facility she sends her sons, Connor, 7,…

Summertime Caution – Open Windows Can Be A Safety Hazard For Young Children

Summer in Boston can often be a time to leave your windows open and let the breeze roll in, an action of relief from the stifling heat. What most people fail to realize though is that these open windows may pose an enormous safety…

Whirlpool has recalled more than 40,000 of its Jenn-Air brand ovens over concerns that a faulty design might cause burns to consumers. According to the Associated Press and the U.S. Consumer Product Safety Commission, the extendable rack…

While Bexis is on vacation, here is a guest post to take up some of the slack. Our guest blogger today is Henry Pietrkowski, a partner in Reed Smith's Chicago office. This one's a little different. It's about the impace of a…

Ninth Circuit Blog

US v. Mark, No. 13-10579 (7-31-15)(Friedland and Murguia; concurrence by McKeown). If the gov't promises immunity, it cannot then prosecute absent proof of a violation of the deal. In this case, the defendant was promised immunity for…

US v. Willis, Jr., No. 13-30377 (July 29, 2015)(Ikuta with Fisher and Paez). In a SR violation, what is the approach to determining whether uncharged criminal conduct is a "Crime of Violence" for grading purposes? It is an issue of…

US v. Carter, No. 13-50164 (7-28-15)(Melloy with Bybee and Ikuta). A defendant, changing his plea, is taking medication. What is the extent of the inquiry the court needs to make under Fed R Crim P. 11? The 9th, affirming the…

Ninth Circuit: no religious exception for state access-to-medicines regulation

Washington State regulations concerning the dispensing of medicine require timely delivery of medications. There's an exception if a provider has a religious objection, but that exception applies only where there's another pharmacist who can…

A CNBC article this week provocatively titled "Aging Amtrak tunnel is a reminder of crumbling America" chronicles the recent troubles that have plagued passenger train travel in the northeast U.S. and highlights the absence of crucial fixes.…

As Vijay Das of Public Citizen and physician Adam Gaffney observed in a CNN op-ed this week: [A]cross the nation, black males in 2010 had a life expectancy almost five years lower than white males; black women could expect to...

Popehat

There was an episode of the 1990s sitcom Murphy Brown in which Murphy, played by Candace Bergen, appeared on kid's TV show to soften her image. The show features Muppets; it's a transparent stand-in for Sesame Street. Murphy, true to type,…

My co-blogger Adam Steinbaugh contributed to the factual and legal research of this post. A group called the Center for Medical Progress ("CMP") has been releasing a series of "undercover" videos as part of a campaign against Planned…

It's time for the Popehat Signal. I failed last time I lit it in this case, but I'm lighting it again, hoping that the community of civic-minded, speech-cherishing, evil-fighting lawyers will respond. I need your help defending a stroke…

Securities Lawyers Blog

According to the BrokerCheck records kept by Financial Industry Regulatory Authority (FINRA) broker Duane Smith (Smith) has been the subject of at least two customer complaint and one employment separation. The customer complaints against…

According to the BrokerCheck records kept by Financial Industry Regulatory Authority (FINRA) broker Garyn Angel (Angel) has been sanctioned by the regulator in connection with allegations that Angel participated in two private securities…

According to the BrokerCheck records kept by Financial Industry Regulatory Authority (FINRA) broker George Lincoln (Lincoln) has been the subject of at least three customer complaints, one regulatory action, and one employment separation. The…

With summertime just around the corner, authorities in Oregon do not want employers taking those employees who must work outdoors for granted.
Landscaping, construction, and agriculture are all labor-intensive activities that can…

Authorities in the Buckeye State don’t take kindly to workers compensation fraud.
Ohio Bureau of Workers Compensation (BWC) Administrator/CEO SteveBuehrer announced recently that 11 individuals were convicted of, or pleaded…

Texas Mutual Insurance Company recently reported that its board of directors voted unanimously to approve a company-record $225 million dividend distribution in 2015. Qualifying policyholder owners across Texas will share the dividend, which…

A young girl from China is eagerly awaiting test results of genetic testing that could mean that she is entitled to inherit her biological father’s $50 million fortune. Gang Yuan, whom the child’s mother states is her biological…

The results of a recent study published in the American Medical Association Oncology Journal suggest that more patients with cancer are obtaining Continuing Powers of Attorney for Property than in the past. Approximately 74% of…

In a forthcoming article to be published in The Journal of the American Academy of Psychiatry and the Law, Ian Hull and Dr. Kenneth Shulman, among others, explore the concept of the lucid interval. A lucid interval is a legal concept invoked…

How would you like to marry a billionaire’s daughter? James Casbolt from Cornwall, England made an internet connection in 2009 with Haley Meijer, daughter of American billionaire, Hank Meijer, owner and CEO of a retail conglomerate with…

In a divorce tragedy akin to Shakespeare’s “MacBeth”, Delaware mother Christine Belford, age 39, was murdered by her father-in-law in February 2013 after years of litigation involving child abduction, allegations of mental…

Another American judge has made an order regulating a litigant’s sex life. In the most recent case a court in Kansas sentenced a career criminal to a lengthy prison term for being a felon in possession of a weapon and also imposed a…

U.S. Access Board Releases Next Installment of the Online Guide to the ADA and ABA Standard

The next installment of the U.S. Access Board’s online guide to accessibility standards issued under the Americans with Disabilities Act (ADA) and the Architectural Barriers Act (ABA) is now available. This material features a series of…

After 5 Years practicing with another firm, I have decided to re-open my own law practice. My law firm, Sheri R. Abrams PLLC, will continue to practice Social Security Disability Law, Special Needs Planning, Elder Law & Estate…

After 5 Years practicing with another firm, I have decided to re-open my own law practice. My law firm, Sheri R. Abrams PLLC, will continue to practice Social Security Disability Law, Special Needs Planning, Elder Law & Estate…

I earlier blogged on an American TV personality's contract to hunt and kill one of the most highly endangered species on earth: a black rhino. That hunt has now been completed at a price tag of $350,000. The asserted reasoning...

Institute of European and Comparative Law General Principles of Law: European and Comparative Perspectives Celebrating 20 Years of the Institute of European and Comparative Law Friday 25-26 September 2015 St Anne's College Oxford and the…

SSRN Top Downloads For Contracts & Commercial Law eJournal RECENT TOP PAPERS RankDownloadsPaper Title 1 189 The Law, Economics, and Psychology of Manipulation Eric A. Posner University of Chicago - Law School 2 155 After the Revolution:…

E. Jason Tremblay and Megan P. Toth Many “Independent Contractors” May Now Be “Employees” According to the Department of Labor On July 15, 2015, the U.S. Department of Labor’s issued an Administrator’s…

The U.S. Department of Labor just released its highly anticipated proposed revisions to the “white collar” exemptions to the Fair Labor Standards Act, which will significantly expand the number of workers who will be eligible for…

Philadelphia Injury Lawyer Blog

Government studies estimate that about 800 people are killed each year from running red lights and another 200,000 are injured. In a survey done by Old Dominion University, one out of three people know someone who has been injured or killed…

Government studies estimate that about 800 people are killed each year from running red lights and another 200,000 are injured. In a survey done by Old Dominion University, one out of three people know someone who has been injured or killed…

A personal injury lawyer is often consulted on medical malpractice cases, especially when they result in a fatality. In 2010 a study indicated that about 180,000 people died due to a preventable medical mistakes. Three years later, a new…

Most of us have experienced the anxiety and frustration of a computer, smartphone, iPad or other device malfunctioning. But what would we do if our lives depended on an electronic device performing perfectly?

This past Monday, a New York federal judge denied Big Pharma’s Merck & Co Inc.’s attempt to avoid paying $285,000 to plaintiff in a multi-district lawsuit based on the fact that the bone drug Fosamax causes jaw…

Alex Morris died suddenly this year from cardiac arrest at the age of 19. He habitually drank two cans of Monster Energy® drinks each day for two years. His mother Paula believes energy drinks were the cause and immediately filed a…

The MBA Oath is a voluntary pledge for graduating MBAs and current MBAs to “create value responsibly and ethically.”
The MBA Oath
As a business leader I recognize my role in society.
My purpose is to lead people and manage resources to…

What makes for a successful business plan? This post from Noah Parsons covers the essentials:"Executive summaries need to be short, direct, and provide an overview of the business opportunity ... A good plan will communicate what the business…

Grace Case

This week, both the U.S. Government and Defense counsel for W.R. Grace and individual defendents layed out their case in opening statements. EPA On-Site Coordinator Paul Peronard was introduced, examinedÂ and cross-exaimined after Molloy…

LIBBY (May 10, 2009) — The environmental criminal inquiry into the most sprawling industrial disaster in U.S. history ended in the failed prosecution of a company charged with poisoning a small Montana town. Some residents of the town say…